Found Deceased CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #61 *ARREST*

[Momofthreeboys]

Yes. As much as I would like to read the AA yesterday (!!!!!) I don't want to see any challenge/appeal about a fair trial later on. So whatever the judge has to do to try to ensure that, has to be done. IMO

Well the preliminary falls generally in favor of the prosecution so if they can't get this case to trial there won't be a trial and no need to "worry" about an appeal.

 

[LietKynes]

And I think the daughters are going to be key in this whole timeline that Barry has constructed. JMO.

It's possible the AA will have testimony from them; and iirc, Barry was late returning home that night and some have speculated that they were supposed to discover Suzanne missing ?
Barry's plans didn't work out and thus there's more evidence than he'd planned on.
Too bad.

This of course will be confirmed -- or not -- in the AA, and would put to rest some of the theories.
As long as it doesn't prejudice a potential jury pool, the AA should be released.
MOO.

 

[K9Enzo]

Unless I’m misunderstanding, the JUDGE does not want the AA released, in addition to the defense. It also sounds like he might gut it. IMO

 

[Momofthreeboys]

There's also Barry's statement that he spoke to LE for 30 hours, which would have generated a lot of material for the AA. That too is kind of...world record.

If what we know so far is all they have, then it's really weird that the AA is 129 pages. OTOH, the Judge is probably trying to protect witnesses - which is a standard reason to wait until evidentiary matters are settled at the prelim.

That's how it is supposed to work. If the defendant has any ties to possible allies outside of jail, and if the defendant has been known to attempt to threaten even LE, it makes sense to protect all of the witnesses. Which is why I have been concerned about those 8 LE officers. They came forward to state whatever they stated - but they are LE. One of the witnesses has already expressed fear and left the state.

A defendant who is willing to try and threaten or bribe or deceive LE officers is definitely a risk to other witnesses if they still have supporters outside of jail...which the AA may show.

We don't know if he tried to bribe or threaten anyone. We know that he gave information and that information could potentially have thrown LE in the wrong direction. That type of "crime" is also covered under this cited felony.

 

[Momofthreeboys]

Unless I’m misunderstanding, the JUDGE does not want the AA released, in addition to the defense. It also sounds like he might gut it. IMO

Agree. But he's not allowing reactions and gutting right now!

 

[Deleted member 222031]

Saving this, as there are several points of interest to me.
It's clear that most if not all here want Suzanne to have justice and her killer, Barry, a fair trial.
To this end -- if we have to wait for the AA, so be it.

The lawyers for Barry may not want the AA to be released as it would be difficult for his side of the family.
Wonder what the Moorman's think about this and if they'll weigh in ?
Imo.

The feelings of the families on either side do not matter in a legal sense. The AA was signed off by a judge who hopefully read it thoroughly and found no reason to reject it as inadequate to issue an arrest warrant. Only valid LEGAL reasoning can be used to withhold an AA. I personally do not think this judge using the daughters as a shield is a valid legal reason for denying the public the right to know why an arrest warrant was issued.

 

[Gigi3]

Saving this, as there are several points of interest to me.
It's clear that most if not all here want Suzanne to have justice and her killer, Barry, a fair trial.
To this end -- if we have to wait for the AA, so be it.

The lawyers for Barry may not want the AA to be released as it would be difficult for his side of the family.
Wonder what the Moorman's think about this and if they'll weigh in ?
Imo.

I absolutely wonder what the Moorman’s must think. It’s almost damned if you do and damned if you don’t. I know they want to protect those girls too.

Barry’s defense is going to argue anything and everything they can to prevent the release of this AA. They will want to delay and keep as much out of it as possible- that’s there job, but unless those girls are somehow implicated, I’ve never seen anything like it! JMO.

 

[Seattle1]

Most arrest affidavits are 1-3 pages long. LE usually gives the bare minimum to convince a judge to sign off on an arrest. LE doesn't usually like "showing their cards" that early and there is absolutely no reason to try to prove anything but probable cause that a crime has been committed at that stage.

I'm sorry but a 130 page affidavit is insane. I have no idea why someone would want to do that except show-boating and trying to get prejudicial information out into the public without actually leaking it to the public.

I truly can't think of anything similar in a decade+ of federal white collar defense. Complex multi-player antitrust conspiracy cases have had 50, 60 page indictments and 10 page probable cause affidavits. I agree with the judge that it is beyond unusual and apparently unnecessary.

Actually, lengthy AA's are not that unusual in Colorado (where charging by complaint and information are typical --versus grand jury indictment).

For example, 12 yr-old Gannon Stauch was reported missing from El Paso County on about January 27, 2020. On February 28, 2020, the AA submitted to the court to document probable cause in support for the issuance of an Arrest Warrant for Letecia Stauch was 32 pages in length. This-- after a one-month investigation.

Patrick Frazee's AA, filed a month after Kelsey Berreth reported missing, was 12 pages-- albeit mostly digital/electronic information.

BM's investigation was ongoing for 12 months when the lengthy AA filed (129 pgs est).

Since Colorado does not allow live streaming of the preliminary hearing, I think most of us are happy to see a lengthy AA where we try to glean as many details as possible to compare with our favorite reporter's courtroom tweets.

I don't know why CCSO et., al decided to include what seems like every detail they came up with but I want to read all of it just the same! MOO

 

[LietKynes]

I absolutely wonder what the Moorman’s must think. It’s almost damned if you do and damned if you don’t. I know they want to protect those girls too.

Barry’s defense is going to argue anything and everything they can to prevent the release of this AA. They will want to delay and keep as much out of it as possible- that’s there job, but unless those girls are somehow implicated, I’ve never seen anything like it! JMO.

Yes, Melinda M. has extended a hand of friendship to them and it's heartwarming to see !
My guess would be that the Moorman's want to see it asap as they might know more about the 'hows' and 'whys', if not the 'where'.
For Barry's side of the family they may not want the AA released as I believe the evidence is overwhelming, and to think of the difficulty of having to digest that -- about someone they love.
Sometimes it's easier to live without knowing.
It's possible it will be released sooner than expected --- but hopefully not at the expense of a mistrial.

The best scenario imo would be for Barry to take a plea deal for a lesser sentence, say 20- 30 years instead of life without parole, reveal where he buried her, and let Suzanne's family have her remains back for a respectful burial.
Not going to hold my breath.
I hope BM's defense haven't given him false hope about walking free on some technicality.
LE have worked painstakingly and they have the goods on him.
MOO.

 

[NuttMegg]

My initial reaction is to say "bunk!!". Why should these particular victims be treated with such kid gloves.

OTOH it magnifies, in the public's imagination......wow it must be REALLY bad.

I really don't get it though, what's so special about the "victims" in this case? Sorry, but to my mind the victim is dead. Is she being served fairly to put the damper on what should be publicly disclosed?? As to what an accused murderer did to her?

I can't post anymore about this now....if anything it causes MORE bullying because of the special way they are being treated. When I heard last week that the defense was going to use the daughters in this way I thought it was a joke, it can only raise eyebrows.

 

[SouthAussie]

My initial reaction is to say "bunk!!". Why should these particular victims be treated with such kid gloves.

OTOH it magnifies, in the public's imagination......wow it must be REALLY bad.

I really don't get it though, what's so special about the "victims" in this case? Sorry, but to my mind the victim is dead. Is she being served fairly to put the damper on what should be publicly disclosed?? As to what an accused murderer did to her?

It is possible that these young victims have helped put dad behind bars. I know that they are said to be supportive of BM, but that doesn't necessarily mean that they have lied for him.

For example, it may be that one or both of them have info pertaining to the case and have disclosed it.

Something perhaps like "yes, mum told us that she was going to leave dad when school finished and asked if we wanted to come with her or stay with him" or "I told dad about mum's plan to leave" or "dad texted a few times to see if we had contacted mum yet to wish her a happy Mothers Day, we hadn't yet, but then we tried and couldn't reach her" or "dad completely arranged our camping trip away, mum didn't want us to go" or whatever.

For all we know, they may be in a terrible position. Loving both parents, loving both families, and trying to cope with the whole picture and do what's right. Perhaps even being required to testify against dad in the future.

If we knew what was in the AA we might somewhat understand the delay in releasing the details. A circular argument. We don't know, so we don't understand.

 

[OldCop]

Hope @OldCop sees this. Would love to see his proposed timeline again and if this affects it. JMO

We def need @OldCop to add to the timeline.
I'm starting to think SM was gone before the grading of the beach property. I think he needed that bucket put back into that bobcat quickly. It appears to me that Saturday was "clean up" day. There's a lot of missing time after the chlorine purchase. It will be interesting to find out what time BM got to that hotel and what Sundays real timeline was. Also why do I feel like PE mentioned something about a truck or trailer damage, as if someone backed up into a trailer and caused damage? Does that ring a bell to anyone? All moo.

Hi Guys, sorry I’ve not been around. I’m actually in the forest in WY and have virtually no cell service most days. I’m trying to catch up and respond to those who asked me questions. I should be able to get on the next two nights because we will be a little closer to civilization.
My thoughts after listening to LS’s interview with JP, I’m still leaning towards a Friday killing. To me it still fits with what we know so far. Of course when the AA comes out, my theory could be out in left field.
I think he fought with Suzanne early Friday when he got home from whatever he did that day.
I think he went to the Salida job site late Friday/early Saturday and disposed of some evidence (or SM) in the beach area. MG told us he worked there Friday night.
I think he went to work with MG Saturday morning and tried to act like everything was fine. However, MG said he was on edge and anxious. He had her rake out that beach area. He cut the day short because he was wound up tighter than a corkscrew trying to figure out his alibi, clean up, make sure he covered everything. He told MG he was going home to make SM happy and take her hiking or biking. Was this a Freudian slip? Was he trying to decide what to tell LE that SM was doing on Sunday? He also wanted MG to assume SM was home and fine on Saturday morning.
It is possible that SM was not killed Friday night, but Saturday when he went home at about 11:30. However, after listening to JP, I’m thinking that timeline would be extremely tight. BM would have to go home before noon, kill SM in a fit of rage, start his planning and cleanup, and get back into Salida not long after to change out the plate on the Bobcat. He needed to get the plate off because I believe that was the attachment MG used to rake out the beach area. Was BM worried that DNA would be found on that blade? I still have not found out if the FBI search at the Salida job site included any samples from that beach area.
I think he bought some kind of bleach or chlorine in a large quantity at Salida Stove and Spa for clean up purposes on Saturday afternoon. He also asked JP if he would be available to work on the Broomfield job.
If he did all these things and SM was still alive, then it was definitely premeditated murder.
I think BM used the remainder of Saturday to finish his clean up and dispose of evidence. Perhaps he used his ATV to dispose of SM somewhere in the back 40 as @Trackergd would say. I don’t think he disposed of SM on his way to Broomfield. If he had her body in his truck, (in a cooler?), he may have disposed of her somewhere outside of Broomfield on Sunday afternoon, but I think he hid her body somewhere in the wee hours of Sunday before he left for Broomfield.
He took a shower and took a nap at the HIE on Sunday after his busy night.
He left his tools in the lobby, “Look at me, video cameras”, and his mail in the waste basket, “Look at me, my employees. I was here on Sunday”. Alibi complete.
MOO

 

[NuttMegg]

It is possible that these young victims have helped put dad behind bars. I know that they are said to be supportive of BM, but that doesn't necessarily mean that they have lied for him.

For example, it may be that one or both of them have info pertaining to the case and have disclosed it.

Something perhaps like "yes, mum told us that she was going to leave dad when school finished and asked if we wanted to come with her or stay with him" or "I told dad about mum's plan to leave" or "dad texted a few times to see if we had contacted mum yet to wish her a happy Mothers Day, we hadn't yet, but then we tried and couldn't reach her" or "dad completely arranged our camping trip away, mum didn't want us to go" or whatever.

For all we know, they may be in a terrible position. Loving both parents, loving both families, and trying to cope with the whole picture and do what's right. Perhaps even being required to testify against dad in the future.

All of that is possible. But we've already learned that there is a no camera rule for them, too, but in the Watts case there sure were no similar concerns for the agony of Frank Rzucek when cameras were focused in on him close enough to see his pores while he was sobbing.

 

[SouthAussie]

All of that is possible. But we've already learned that there is a no camera rule for them, too, but in the Watts case there sure were no similar concerns for the agony of Frank Rzucek when cameras were focused in on him close enough to see his pores while he was sobbing.

Was it the same judge in that case? I think each judge is different. They of course have to follow the law, but they have their own concessions.

I know that we have judges here that we call "Hangman Harry" and others that we know are more lenient. Even lawyers and prosecutors are happy (or not) when their case pulls certain judges.

 

[NuttMegg]

Was it the same judge in that case? I think each judge is different. They of course have to follow the law, but they have their own concessions.

I know that we have judges here that we call "Hangman Harry" and others that we know are more lenient. Even lawyers and prosecutors are happy (or not) when their case pulls certain judges.

no it was up north of Denver. Kopcow. They did make sure no one was even in court taking pics of anyone for the Frazee trial. Ive just never heard of such a thing, I guess I have to leave it at I think Suzanne's story is being hushed up and Barry is the ultimate recipient of the kid glove treatment. Not fair, but I'm definitely not an atty.

 

[10ofRods]

I wonder what legal jeopardy, if any, the AA places the daughters in. The judge has weighed the public interest against their's and heavily leaned in their direction. He states that one daughter still lives in Salida. The length of the AA may be outside this judge's experience but unless it's a random fishing expedition or he questions the judgment of the court that authorized it, his criticism on that point seems odd to me.
EBM

This is a really good question. I am guessing it's actually complex and that almost no judge would be able to anticipate exactly what is involved there. He seems to be very concerned to give the daughters enough time to process what's going on, before issues of redaction/release are gone into.

Personally, I think the Rules of Evidence are the backbone of the judicial process, so I can wait until the Grand Hearing and the Preliminary Hearing. I can understand the Court's view that it would take more time to do otherwise (to redact - the onus of which was primarily on the Court itself at this point).

 

[Barry]

The daughters will or will not have access to the AA? If not, not releasing it to give them a chance absorb it is circular. I’m confused.

 

[OldCop]

CO - CO - Suzanne Morphew, 49, Chaffee County, 10 May 2020 #61 *ARREST*
Jumping off info posted by @swedeheart’s JP transcription:

JP thought it was really strange BM hired him for the Broomfield job bc JP was already employed by DSI. I find that really strange too! IIRC JP had never worked for BM before. Why did BM need JP there? MG & CC were also hired for Broomfield. But... BM
**did not ordered materials for the repair,
**brought no tools for the contractors,
**had not scheduled inspections,
**didn’t have a “permit” for weekend work per Broomfield city construction requirements. Broomfield doesn’t allow “weekend” construction unless special permit is acquired. More on the Broomfield job specifics from LS
BM really screwed up this last minute alibi! MOO
BREAKING: Missing Suzanne Morphew husband Barry Morphew’s ‘alibi’ questioned as new details surface about landscaping job Mother’s Day weekend [VIDEO]

I think two things were at play here.
1) BM never thought LE would question his alibi. He would tell them where he was, they would check, they would find out he really was there, and they would eliminate him as a suspect.
2) He over thought everything; the mail in the trash, the tools in the lobby, the extra help etc. Who does that?
MOO

 

[SouthAussie]

Hi Guys, sorry I’ve not been around. I’m actually in the forest in WY and have virtually no cell service most days. I’m trying to catch up and respond to those who asked me questions. I should be able to get on the next two nights because we will be a little closer to civilization.
My thoughts after listening to LS’s interview with JP, I’m still leaning towards a Friday killing. To me it still fits with what we know so far. Of course when the AA comes out, my theory could be out in left field.
I think he fought with Suzanne early Friday when he got home from whatever he did that day.
I think he went to the Salida job site late Friday/early Saturday and disposed of some evidence (or SM) in the beach area. MG told us he worked there Friday night.
I think he went to work with MG Saturday morning and tried to act like everything was fine. However, MG said he was on edge and anxious. He had her rake out that beach area. He cut the day short because he was wound up tighter than a corkscrew trying to figure out his alibi, clean up, make sure he covered everything. He told MG he was going home to make SM happy and take her hiking or biking. Was this a Freudian slip? Was he trying to decide what to tell LE that SM was doing on Sunday? He also wanted MG to assume SM was home and fine on Saturday morning.
It is possible that SM was not killed Friday night, but Saturday when he went home at about 11:30. However, after listening to JP, I’m thinking that timeline would be extremely tight. BM would have to go home before noon, kill SM in a fit of rage, start his planning and cleanup, and get back into Salida not long after to change out the plate on the Bobcat. He needed to get the plate off because I believe that was the attachment MG used to rake out the beach area. Was BM worried that DNA would be found on that blade? I still have not found out if the FBI search at the Salida job site included any samples from that beach area.
I think he bought some kind of bleach or chlorine in a large quantity at Salida Stove and Spa for clean up purposes on Saturday afternoon. He also asked JP if he would be available to work on the Broomfield job.
If he did all these things and SM was still alive, then it was definitely premeditated murder.
I think BM used the remainder of Saturday to finish his clean up and dispose of evidence. Perhaps he used his ATV to dispose of SM somewhere in the back 40 as @Trackergd would say. I don’t think he disposed of SM on his way to Broomfield. If he had her body in his truck, (in a cooler?), he may have disposed of her somewhere outside of Broomfield on Sunday afternoon, but I think he hid her body somewhere in the wee hours of Sunday before he left for Broomfield.
He took a shower and took a nap at the HIE on Sunday after his busy night.
He left his tools in the lobby, “Look at me, video cameras”, and his mail in the waste basket, “Look at me, my employees. I was here on Sunday”. Alibi complete.
MOO

Just one thing ... according to JP it was MG who asked him (on behalf of BM) to work the Broomfield job. And if MG wasn't contacted until early Sunday morning about that, then JP would have been contacted even later.

JP then asked someone for BM's number and called BM to confirm that BM wanted him at the job.

Just mentioning this because I think BM might have still been scrambling with his definite alibi through the very early hours of Sunday morning. Or perhaps scrambling with enacting his pre-planned alibi.
Because I didn't understand why he didn't just ask JP himself when he saw him on Saturday lunchtime.

 

[10ofRods]

As to victims and witnesses, the difference in this case may relate to the court's reliance on the Colorado Victim Rights Act, and specifically § 24-4.1-302.5. Rights afforded to victims. The prosecution did not oppose Morphew's reference to this statute.

This is an early case applying a new rule. I think the Judge is taking an approach he thinks will preclude arguments for a change of venue and/or post-conviction claims that the jury pool was unfairly tainted by exposure to inadmissible evidence. By making the order temporary, he reduced the Media Consortium's incentive to appeal. He limited the complete seal order to the time required for the parties to make redactions and for the Morphew daughters to figure out how to cope and where they go from here. Smart move.

I think the DA, in an "abundance of caution" when filing a rarely pursued, no-body murder case, threw in the kitchen sink to assure that the judge would find probable cause and the public would see this as a just prosecution.

The judge's concerns were clearly and strongly expressed, and related not only to evidence admissibility under rules like hearsay, but also to relevance. It will be interesting to see the DA's next move, given what I see as a strong statement of concern by the judge.

For lawyers, a question - when does the right to avoid double jeopardy apply? If the DA withdrew the case to investigate further, could she re-file it next year? Or, does she have to follow through now, and take whatever the outcome may be?

I just noticed that Fox News chose not to cover this latter aspect of the judge's ruling in its article, but only the witness protection part. Interesting.

All MOO, a non-expert court watcher's two cents.

If the DA withdraws the charges now, it is my understanding that no trial has begun or taken place.

There will be no double jeopardy issue (and the defense attorneys, IMO, know this).

Because there is as yet no formal holding over/arraignment, no plea. The defense, by asking for more time under CO law before those events take place, has taken it upon itself to delay those proceedings. The Court agreed with them. They won - but the trial cannot begin until the defendant enters a plea (or is declared unfit to stand trial).

There's a lot of stuff that can go on in this interval.